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Licensing for boreholes and septic tanks
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Lesley Jean
- CVO Legend
- Posts: 4118
- Joined: Tue Feb 24, 2004 4:07 pm
- Location: Somerset. and Lombos
- Contact:
Licensing for boreholes and septic tanks
Hiya, guys, don't know if you have all heard of this new (well newly sorted out) law, our manager has just phoned me to ask for all the paperwork for our house so she can do this for us.
Anyone else doing this ??
Licensing for boreholes and septic tanks
Members may have read in the press about the law regarding Boreholes and Septic Tanks, which was introduced in May 2007 with Decree/Law (D/L) 226-A/2007 but which has not been properly publicised until now. The agency, Administração da Região Hidrográfica - Algarve (ARH - Algarve) has begun to administer the law on behalf of the planning authority CCDR. Under the law, all means of taking of water or disposing of waste water are required to be registered at ARH. This registration as far as it concerns fossas only applies where the fossa is designed to empty into the water table or soil. Homes which have a Septic Tank that is emptied by bowser or other service are not affected under this legislation.
The deadline for registration is the 31st May 2009, by which time all requests for licencing must be completed. We are currently ascertaining what will happen after that date and when we have the information we will make it available to Members by the most appropriate means. This law and deadline refers only to existing septic tanks, boreholes, springs and any other source or disposal of water not yet registered and licenced.
Where the water from your borehole is the main supply of water and is used for domestic use and consumption, you must also present a report of water analyses. This may however be done after May 31st.
By visiting the ARH website (http://www.arhalgarve.pt) you can download the forms and submit it direct to them, but please be aware that the site is only in Portuguese. For afpop Members we have copies of the forms in the afpop office and can help with the process.
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Anyone else doing this ??
Licensing for boreholes and septic tanks
Members may have read in the press about the law regarding Boreholes and Septic Tanks, which was introduced in May 2007 with Decree/Law (D/L) 226-A/2007 but which has not been properly publicised until now. The agency, Administração da Região Hidrográfica - Algarve (ARH - Algarve) has begun to administer the law on behalf of the planning authority CCDR. Under the law, all means of taking of water or disposing of waste water are required to be registered at ARH. This registration as far as it concerns fossas only applies where the fossa is designed to empty into the water table or soil. Homes which have a Septic Tank that is emptied by bowser or other service are not affected under this legislation.
The deadline for registration is the 31st May 2009, by which time all requests for licencing must be completed. We are currently ascertaining what will happen after that date and when we have the information we will make it available to Members by the most appropriate means. This law and deadline refers only to existing septic tanks, boreholes, springs and any other source or disposal of water not yet registered and licenced.
Where the water from your borehole is the main supply of water and is used for domestic use and consumption, you must also present a report of water analyses. This may however be done after May 31st.
By visiting the ARH website (http://www.arhalgarve.pt) you can download the forms and submit it direct to them, but please be aware that the site is only in Portuguese. For afpop Members we have copies of the forms in the afpop office and can help with the process.
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Last edited by Lesley Jean on Fri Apr 24, 2009 6:56 pm, edited 1 time in total.
Re: Licensing for boreholes and septic tanks
This is a matter of genuine public interest and indeed I have advised friends of mine who are villa owners but who do not live here permantly. However as a member of AFPOP I have to say that I don't think it is right to simply put into the public domain information which has been sent to AFPOP members. Presumably there are copyright issues here but more importantly I want to see AFPOP grow in influence as I think that there is an important role to be developed in securing greater recognition of the interests of foreigners in Portugal eg the recent ADM communications tower issue. AFPOP's position will be strengthened by a larger membership and we should be encouraging people to join AFPOP not simply providing them with AFPOP information that is meant for members.
AFPOP provide a wealth of information to its members and hopefully at least Lesley's post will enable people will see what can be gained from membership. It is only 55 euros a year for joint membership and you don't have to be a resident here.
AFPOP provide a wealth of information to its members and hopefully at least Lesley's post will enable people will see what can be gained from membership. It is only 55 euros a year for joint membership and you don't have to be a resident here.
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Lesley Jean
- CVO Legend
- Posts: 4118
- Joined: Tue Feb 24, 2004 4:07 pm
- Location: Somerset. and Lombos
- Contact:
Re: Licensing for boreholes and septic tanks
Excuse me, sorry, didn't mean to step on someones toes, and least of all AFPOP. I copied this from another forum in Portugal as I was concerned about it and wanted some feed back as to what we should be doing about it. I would not knowingly post something that was 'copyrighted' but as it was already in the public domain I didn't think I was doing anything wrong.
The question is what should we all be doing about this? apparently there are a lot of forms to fill in about this and the local Camera are not really sure about what we need to fill in and what we don't. I was looking for some input and help
The question is what should we all be doing about this? apparently there are a lot of forms to fill in about this and the local Camera are not really sure about what we need to fill in and what we don't. I was looking for some input and help
Re: Licensing for boreholes and septic tanks
is this another one these "new laws" where all us foreigners are running around like headless chickens to comply with. You know what, I just cannot comprehend any of my Portuguese neighbours downloading forms and then running down to faro to hand them in complete with a copy of some map.
A similar thing happened 15 years ago when we heard via AFPOP about dire things to happen to those who didnt tell the authorities of where their borehole was located, I and another neighbour went to Faro to give in a maps of where out boreholes where..many didnt bother and when I gave mine in all that happened was it got looked for 5 secs and then put in an intray
Also since all companies who drill for boreholes need licenses, why do the authorities need to know the whereabouts of any borehole, it must be already on file..if they could be bothered to look
A similar thing happened 15 years ago when we heard via AFPOP about dire things to happen to those who didnt tell the authorities of where their borehole was located, I and another neighbour went to Faro to give in a maps of where out boreholes where..many didnt bother and when I gave mine in all that happened was it got looked for 5 secs and then put in an intray
Also since all companies who drill for boreholes need licenses, why do the authorities need to know the whereabouts of any borehole, it must be already on file..if they could be bothered to look
Re: Licensing for boreholes and septic tanks
lesley jean is right , this info has already been on other sites, afpop are not the sole custodians of what is new.
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Lesley Jean
- CVO Legend
- Posts: 4118
- Joined: Tue Feb 24, 2004 4:07 pm
- Location: Somerset. and Lombos
- Contact:
Re: Licensing for boreholes and septic tanks
Thank you Martin.martin wrote:Lesley jean is right , this info has already been on other sites, afpop are not the sole custodians of what is new.
I would just like to know if others are going to be doing this or is it just another of those laws that will take years to sort out and bring into practice.My Manager has said there will be large fines for those not complying... is this true??
Re: Licensing for boreholes and septic tanks
this artice is in the Algarve Resident so not the sole property of the AFOFP. trhe fines are from 25,000 upwards.
"Quote" Land owners and tenants of properties that have unlicensed water resources must declare these by May 31 so that they can be legalised or face fines of between 25,000 and 2.5 million euros.
The compulsory declaration, which is made through the Administração da Região Hidrógráfica do Algarve (ARH), the regional water authority, is for resources such as wells, boreholes, mines, dams and septic tanks that drain into the soil and which are not currently legal.
To declare an unlicensed water resource, property owners should fill in the relevant forms, which are available from the ARH, and pay a three euro stamp duty.
Documents required for this process are a passport, fiscal number, and a document that proves ownership or rental of the property as well as an ordinance survey map or ‘carta militar’, which shows the area where the water resource is located.
Free ordinance survey maps are available online at http://www.igeoe.pt or from local parish councils and Câmaras.
Fines
According to the ARH, any property owner that does not declare illegal water resources by May 31 could face a fine of between 25,000 and 37,500 euros. The fine for companies ranges between 60,000 and 2.5 million euros.
If a property has a legal licence but has been sold or inherited, this is still valid. However, the new owners should inform the ARH about the change of ownership by May 31.
For property owners that are unsure whether their water resource is legal, this information can be found out directly through the ARH.
Also, boreholes which exist but are not in use are not affected by this new law but the ARH does recommend that property owners declare them in case of future use.
Once a resource has been declared, the ARH will then decide whether a licence of use is to be issued, which could lead to property owners having to pay a tax for using the resource.
For more information and to obtain the necessary declaration forms, please contact your local parish council or visit the ARH, which is located on Rua do Alportel, n˚ 10 - 2˚ in Faro or call 289 889 000. Alternatively, visit the website, available in Portuguese only, at http://www.arhalgarve.pt.
"Quote" Land owners and tenants of properties that have unlicensed water resources must declare these by May 31 so that they can be legalised or face fines of between 25,000 and 2.5 million euros.
The compulsory declaration, which is made through the Administração da Região Hidrógráfica do Algarve (ARH), the regional water authority, is for resources such as wells, boreholes, mines, dams and septic tanks that drain into the soil and which are not currently legal.
To declare an unlicensed water resource, property owners should fill in the relevant forms, which are available from the ARH, and pay a three euro stamp duty.
Documents required for this process are a passport, fiscal number, and a document that proves ownership or rental of the property as well as an ordinance survey map or ‘carta militar’, which shows the area where the water resource is located.
Free ordinance survey maps are available online at http://www.igeoe.pt or from local parish councils and Câmaras.
Fines
According to the ARH, any property owner that does not declare illegal water resources by May 31 could face a fine of between 25,000 and 37,500 euros. The fine for companies ranges between 60,000 and 2.5 million euros.
If a property has a legal licence but has been sold or inherited, this is still valid. However, the new owners should inform the ARH about the change of ownership by May 31.
For property owners that are unsure whether their water resource is legal, this information can be found out directly through the ARH.
Also, boreholes which exist but are not in use are not affected by this new law but the ARH does recommend that property owners declare them in case of future use.
Once a resource has been declared, the ARH will then decide whether a licence of use is to be issued, which could lead to property owners having to pay a tax for using the resource.
For more information and to obtain the necessary declaration forms, please contact your local parish council or visit the ARH, which is located on Rua do Alportel, n˚ 10 - 2˚ in Faro or call 289 889 000. Alternatively, visit the website, available in Portuguese only, at http://www.arhalgarve.pt.
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thepropertydoctor
- CVO Regular
- Posts: 15
- Joined: Sat Apr 11, 2009 9:06 pm
Re: Licensing for boreholes and septic tanks
This only applies to septic tanks (fossas) that drain into surrounding soil (known as fossas rotas). Many fossas especially since 2007 are simply closed tanks that must be emptied. These do not come into this registration procedure.
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thepropertydoctor
- CVO Regular
- Posts: 15
- Joined: Sat Apr 11, 2009 9:06 pm
Re: Licensing for boreholes and septic tanks
I wil be posting chapter and verse on this on Monday- I hope! For now it is 25 Abril so break open the beer kegs! 
Re: Licensing for boreholes and septic tanks
Afpop, and copyright after checking LJ posts, tis perfectly ok for her to post as she did. Barrister said no probs. Well done LJ, for getting info out for discussion and correcting and sorting. OOps spelling etc to pot, not the drink, tis the diazapam, anyone want one or two zzzzzzzzzzzzzzzzzzzzzzzzzz
Re: Licensing for boreholes and septic tanks
I asked my portuguese neighbor today who has a borehole and a fosse...guess what she said about it all
"never heard about it!"
perhaps next we will have raids by our balaclava , machine gun toting asae police who will raid illegal boreholes and close down sewer lines.
"never heard about it!"
perhaps next we will have raids by our balaclava , machine gun toting asae police who will raid illegal boreholes and close down sewer lines.
Re: Licensing for boreholes and septic tanks
I've read the info from AFPOP as well as the article in the Resident and the above posts. So I think I know what I need in terms of paperwork.
But NOWHERE do I see how and where the registration takes place. Do we have to physically take it to the ARH in Faro? If that is the case, do they have the staff to handle the thousands of people who will be trying to meet the deadline?
I've heard that ARH is getting requests to send out officials to explain the process. Two of them went to Silves and found 300 people waiting. If this is happening all over Portugal the signs are beginning to point to another bureaucratic bungle like the one accompanying the new "law" requiring rental villas to be licensed.
But NOWHERE do I see how and where the registration takes place. Do we have to physically take it to the ARH in Faro? If that is the case, do they have the staff to handle the thousands of people who will be trying to meet the deadline?
I've heard that ARH is getting requests to send out officials to explain the process. Two of them went to Silves and found 300 people waiting. If this is happening all over Portugal the signs are beginning to point to another bureaucratic bungle like the one accompanying the new "law" requiring rental villas to be licensed.
Re: Licensing for boreholes and septic tanks
they were queing up for days in Odelouca at the old school house
Re: Licensing for boreholes and septic tanks
As I have a borehole and a fossa, I'm interested (and concerned) to read about this. Getting a licence retrospectively for the swimming pool was enough of an experience when buying the villa and nearly derailed the purchase.Now I know what I shall be doing when I visit next week.
Re: Licensing for boreholes and septic tanks
Hello I'm new to the forum,and i am too concernced on this last minute news re licencing.
For anyone who doesn't know where to download the forms for licencing fossa etc. it is the one under Aguas Residuais on the ARH website.
"Renovacao de licenca de descarga de aguas residuais"
Documents needed with application are Planta de localizacao, escala 1:250000, Passport/Identity , Fiscal number & Caderneta predial Actualizada plus the above form.
You can supposedly get the ordenance survey maps from the local parish council or Camara, I have been told if you download them yourselves they may not be accepted as you are supposed to have them certified by camara.
I too am not sure if you can only register at ARH in Faro, if you have, the queues will be horrendous, & i will be like a headless chicken trying to find this place as I have no sense of direction especially round Faro City,and to me the ARH website is a waste of time for info whether you need to register or not.
My fossa is connected to the main sewerage system with a pump/macerator so I dont know whether it applies to me,but it is an old fossa which would drain into the ground if we didnt have the pump in it., it is also on the footprint plan of our property but doesn't actually state its a fossa. How do you know it is already licenced, do you have to have certificate stating so, or should it be stated on your house deeds?
I did get an email from someone on another forum advising me of where to download the forms & she told me that she went to her local junta and they processed the forms for her, maybe it depends where you live within Portugal.
Considering this law was passed in May 2007 why has it taken so long to inform residents/non-residents of this, or is it just another money spinner on the fines issue, 25,000 euros minimum fine, thats ridiculous!!!. I would also be greatful if anyone can give me any extra information on this. Sorry for this long post, but I dont like the idea of being fined this exhorbitant amount of money.
For anyone who doesn't know where to download the forms for licencing fossa etc. it is the one under Aguas Residuais on the ARH website.
"Renovacao de licenca de descarga de aguas residuais"
Documents needed with application are Planta de localizacao, escala 1:250000, Passport/Identity , Fiscal number & Caderneta predial Actualizada plus the above form.
You can supposedly get the ordenance survey maps from the local parish council or Camara, I have been told if you download them yourselves they may not be accepted as you are supposed to have them certified by camara.
I too am not sure if you can only register at ARH in Faro, if you have, the queues will be horrendous, & i will be like a headless chicken trying to find this place as I have no sense of direction especially round Faro City,and to me the ARH website is a waste of time for info whether you need to register or not.
My fossa is connected to the main sewerage system with a pump/macerator so I dont know whether it applies to me,but it is an old fossa which would drain into the ground if we didnt have the pump in it., it is also on the footprint plan of our property but doesn't actually state its a fossa. How do you know it is already licenced, do you have to have certificate stating so, or should it be stated on your house deeds?
I did get an email from someone on another forum advising me of where to download the forms & she told me that she went to her local junta and they processed the forms for her, maybe it depends where you live within Portugal.
Considering this law was passed in May 2007 why has it taken so long to inform residents/non-residents of this, or is it just another money spinner on the fines issue, 25,000 euros minimum fine, thats ridiculous!!!. I would also be greatful if anyone can give me any extra information on this. Sorry for this long post, but I dont like the idea of being fined this exhorbitant amount of money.